A well said strategy to fight false 498a,DV and maintenanace cases

DOMESTIC VOILENCE ACT 2005 IMPORTANT CITATIONS::

• Citations From Judgments To WIN DV Act Cases

Judgments On DNA Test:

• Delhi HC – DNA Test-HMA-2008- Justice Vipin Sanghi

Police:

• Joginder Kumar Vs State of UP-1994-Supreme Court On Powers Of Police To Arrest
• Police Duty Bound To Register A Case If It Is A Cognizable Offence

             Path Breaking Judgments On Indian Police

Mr. Sufferer..im highly obliged to share my case.....

my bhabhi had filed 498a case against me, my parents, her husband and my younger brother....Case thru FIR was filed in 2009 wid the police...Bhabhi had got married in 2006...She had psychological and depression issues always...She came from a rich family which had political and police connections..Right from 2006 to 2009, we had got several repetitive threats of 498a and hence we used to read material about 498a..we had spoken with people who have started 498a NGO'S in india...we got an idea about 498a...my parents were made to touch the girl's father's feet once to stop them from not filing 498a...even we complained several times to police about her behavior and daily fights, but police reduces the matter each time to mere filing of NC. The matter was taken to social service desk of Thane Police Commissioner, but the girl doesn’t improve.

Girl continues her highly materialistic demands and she wanted a lavish and independent lifestyle where she is not answerable to anyone…We couldn’t fulfill all her demands…She goes to her parents place and filed 498a after 2-3 months at Thane (Mumbai).

My bhabhi had also filed divorce a delhi to harass us but luckily no orders were passed in 3-4 years of the divorce case. My bhabhi had also filed proceedings under 125 CRPC and she states that since inlaws have big properties, hence she should receive a monthly maintenance of Rs. 50,000/- per month and even a share in properties.  

Pls make a note that in most of the cases the girl, her family, police, our defendant lawyers for the victims (boys side) – many a times all these people are together behind the scenes..Nobody can have the proofs but we should pay attention to the body language of those around us.

Bhabhi makes an FIR of 30-40 pages..She mentions jewelry which was not gifted in reality. She falsely states that her father has borrowed money (states that they are poor) for doing marriage ceremonies etc whereas the fact is that they are highly affluent with 5-7 top class cars & properties & vacations each time.

She says that she was not given food to eat but bhabhi joins VLCC to reduce her weight and gives her excessive eating on record to the health centre.

She says that in-laws never kept a servant for doing the house work and that she herself did house work but the fact is that we had 5-6 servants in the house for each work and we have proofs and documentary evidences too….We equally had complained to police in writing before 498a was filed coz she used to spread false rumors in society, hence we had sent a letter detailing alls servants working in the house, with their salaries etc. and asked the police to personally verify them..

We also used to send regular letters to Commsioner, Thane about the behavior of bhabhi, 498a threats; we have asserted in all letters that bhabhi has taken back all her stridhan to her parents place and nothing is left at our place….

Bhabhi says in FIR that her husband had hit her on her stomach and hence she had abortion. Fact is her own doctor gives a medical report which tells that she didn’t have no abortion, she had an internal medical pregnancy issues and that she was never pregnant medically.

She mentions incidences in FIR of physical torture at her inlaws house, but fact is she was not present at home of inlaws and all these can be proved.

She hides the gifts and jewelries and various marriage ceremonies done by inlaws..All this inlaws have to prove.

She gives her statement on oath before the Magistrate court and the facts given on oath differ from the FIR…She is also cross-examined by the boy’s lawyer but she cries and makes her own mess by getting confused and nervous before the court.

She tells in FIR, that boys family doesnt have money and repeated dowry demands but she has filed divorce and 125 crpc proceedings at Delhi where she says that boys family have big money and property...

she tells in FIR that boy does not earn any money but she tells in divorce and 125 crpc proceedings that boy earns several lakhs a month.

She stays at Mumbai but she files Divorce and 125 crpc proceedings at Delhi to trouble the boy and his family but inlaws have a proof that she had never relocated to Delhi nor had any crime taken place at Delhi...Everything is done only to cause troubles.

She was earlier married to a person but she hides the fact from her inlaws. She had adulterous relations prior her marriage to my brother but all this was hidden from us…we receive all information about her through unknown people during the course of 498a. But neither our lawyer nor police help us to prove her adulterous nature before the court and the matter was compromised between the husband and wife using a COMPROMISE MOU and the Magistarte court records the compromise and 498a is with drawn… Neither me nor my parents had wanted to compromise the matter and we didn’t sign the MOU nor did we say to the court anything. But since the main parties wanted to compromise, hence the court allows so. She also withdraws her divorce case and proceedings under 125 CRPC from Delhi.

Now after one year of compromise, I get all all proofs that my bhabhi was earlier married and if a female is married earlier w/o divorcing the husband, then such 498A becomes void right from day one…it becomes a case of cheating also//But I am not getting any lawyer or police support to reopen 498a and tell the court right thing…I should equally tell the court about all bhabhi’s false FIR allegations, her earlier marriage , her adulterous relations, cheating, giving false statements before court etc. but all these steps require a lawyer and I don’t have a lawer to support me and my family today coz my bhabhi’s family is extremely rich to influence cases, still I have kept my hopes alive with the goal that I wish to tell the court about the true facts, let it take years but I will fight the court battles and I should also make my bhabhi and her family mad running in different cases.

I am equally studying indiankanoon.org and preparing court cases on my own coz we need to study ourselves and never depend fully on the lawyer…If we have to win, we need to put double the efforts…save evidences for the last stage for the boy’s side benefit….always try to send letters to Commissioner, NGO’S, local police etc. about each thing and read 498a related websites in detail…Always take legal steps for each violation or false statement or false claims done by the girl….All this requires money and our own efforts too but thrive by the motto that girls have made us mad, hence we should make them mad.

Lastly don’t give up and settle the matter…Most of the cases are false.

There are several offences related to how to handle 498a even during the course of trial....lawyers dont help but we can actually do them...Even i havent been able to file cases under these laws and provisions but if attempted, we can do so...

                    I.        Offence u/s 108,

                       120B,

                         325, 

                          384,

                            406,

                              417,

                              494,

                           495,

                          497, 500,

                            506  and

                      34 of the IPC

                 II.        Offence u/s 209 of IPC for dishonestly making false claims in court.

                III.        Offence u/s 211 of IPC for filing a false case on our entire family.

                IV.        Offence of Perjury   (giving false statements in writing and under oath)

                   V.        Offence of Criminal Contempt of Court   (insulting the court, giving false statements, misusing the law)

                VI.        Offence of claiming of giving dowry to husband and in-laws under Dowry Prohibition Act, 1961.

-  “LAW of DAMAGES” and “LAW of TORT” for claiming monetary damages from the girl and her family also. Also when such steps are taken, for monetray damages one should issue an article in the leading newspapers i feel so but first send them a notice, give the waiting period..i feel this can be done even during the 498a trial

for damages to understand read "drtsolutions.com" - u all will know damages can be filed even a case is going on...here they stress on bank..but replace the bank with ur case be it 498a or dowry, so it means we can file damages during 498a

@ divya,

Thanks for sharing your case and experience about these biased laws. An intense legal extortion your family had faced with your own Bhabhi even though she was married earlier. Well it was your brother's decision to live with her again?

Iam shocked to know that how your brother managed to live again with that 498a lady and a lier who had been married earlier.

I appreciate your passion to get justice down the order even though she is back..........

A gr8 piece of work done by you by enhancing yourself against these biased laws to protect your own family.

But other hand I request you to don't apply these legal extortion techniques to harass your in-laws because a women creates society whereas she destroys too...D:

Keep posting your contributions to all victims.

regards,

A sufferer..

no my brother has not settled with the bhabhi..they parted ways as per the MOU. there is another thing, we had received unkown email from someone before 498a was compromised. That email had p*rn pics of my bhabhi. we made an enquiry with Police Commissioner (CYBER & IT) and came to know that her boyfriend had sent these pics out of frustration to my brother...my bhabhi's BF was arrested and only out of shame my bhabhi and her parents had compromised. So we came to know that my bhabhi had several relations in the past before marrying my brother.

But i have another advice, these females who file 498a are also "bitc...."...Neither these girls nor their parents allow to leave inlaws peacefully. My bhabhi equally bribed tax officials against us and they interfered in our other matters...These girls are basically losers in life so they become depressed and hence they resort to doing any mess behind the scenes for all.

We all need to be alert. Its not just 498a, turmoil goes way beyond that..they make our lives a mess, but we need to make their lives amess by attacking them legally. we need to be bold and aggressive and its my pleasure to give guidance to people who want to raise a voice against 498a.

Gud to hear from you..

You have several evidences against her why don't your family used these against her prior to compromise. Even she had filed divorce then why didn't your brother gone for exparte to get relived from that b*tch?

now they have been parted temporarly or permanently by court?

yes we had evidences but part evidences against her....Neither police nor our own lawyer wanted to help us....A litigant needs some support and we can act only when the time permits...Lets see whther i am able to tell the court about her in future but in 498a, normally all lawyers and police are together behind the scenes coz majority of 498a cases are filed to extract big money from the boy and take big properties in girl's name....easiest was of extortion is 498s or DV act..Most of them compromise coz if girls file 2-3 cases in different courts, people get exhausted and people give up their fight.

Even in general a compromise can be revoked throught the legal route but all happens through the support of good lawyers...A compromise is a mere contract and to revoke a compromise - if one has good reasons, any court/tribunal allows provided the grounds are strong.

Ya I do agree,but a merely compromise contract can't be legally treated as decree of divorce. In future again she can file her malafide intensions to extract money.

I really appreciate the original poster for the tip(s)

However I feel that the husband is made to pay money EVEN IN the most false and frivolous casses

initially it starts as monthly maintenance and then becomes lumpsum (when case ends ...wherever it end(s)

example : terrible allegations that she was told to sleep with father in law : 498a still NOT over : still 15 lakhs alimony :  https://wp.me/p7s7-1eR

if it is a rich man EVEN after false cases it can be 50 lakhs ....1 crore ....house etc => payment to wife 

Example ".....While holding that Srinivas has proved his case of mental cruelty for seeking divorce, a bench of justices KS Radhakrishnan and Dipak Misra, however, asked him to pay Rs 50 lakh to ensure that his wife lives with dignity and comfort and not in penury after the divorce....." : Mandolin srinivas case 

if it is a poor man it is 5 lakhs ...10 lakhs etc  => payment to wife 

example https://wp.me/p7s7-1hs

the legal costs are extra  : Just imagine how much this guys must have lost to LOOSE the case 

https://wp.me/p7s7-1ij

IF the husband legally re marries also he will loose quite some property 

example https://wp.me/p7s7-1hl

when wife asks for trasferring her case ...100 km...400 k,m 1000 km also it will be transferred 

https://wp.me/p7s7-1ij

there are MANY more such cases 

so making the husband pay thru the nose is the worst thing EVEN if you are ready to sit in jail for months , fight the case for years, finally husband is MADE TO PAY !!!!!

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FOLLOW 

@ATMwithDick on twitter or 

https://vinayak.wordpress.com/ on wordpress or 

https://evinayak.tumblr.com/ (recent blog so recent cases ) 

FOR 100s of high court and supreme court cases

regards

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist

I really appreciate the original poster for the tip(s)

However I feel that the husband is made to pay money EVEN IN the most false and frivolous casses

initially it starts as monthly maintenance and then becomes lumpsum (when case ends ...wherever it end(s)

example : terrible allegations that she was told to sleep with father in law : 498a still NOT over : still 15 lakhs alimony :  https://wp.me/p7s7-1eR

if it is a rich man EVEN after false cases it can be 50 lakhs ....1 crore ....house etc => payment to wife 

Example ".....While holding that Srinivas has proved his case of mental cruelty for seeking divorce, a bench of justices KS Radhakrishnan and Dipak Misra, however, asked him to pay Rs 50 lakh to ensure that his wife lives with dignity and comfort and not in penury after the divorce....." : Mandolin srinivas case 

if it is a poor man it is 5 lakhs ...10 lakhs etc  => payment to wife 

example https://wp.me/p7s7-1hs

the legal costs are extra  : Just imagine how much this guys must have lost to LOOSE the case 

https://wp.me/p7s7-1ij

IF the husband legally re marries also he will loose quite some property 

example https://wp.me/p7s7-1hl

when wife asks for trasferring her case ...100 km...400 k,m 1000 km also it will be transferred 

https://wp.me/p7s7-1ij

there are MANY more such cases 

so making the husband pay thru the nose is the worst thing EVEN if you are ready to sit in jail for months , fight the case for years, finally husband is MADE TO PAY !!!!!

------------------

***************************

FOLLOW 

@ATMwithDick on twitter or 

https://vinayak.wordpress.com/ on wordpress or 

https://evinayak.tumblr.com/ (recent blog so recent cases ) 

FOR 100s of high court and supreme court cases

regards

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist

your talks realy gives us energy to fight the case.

@^^ Thanks Bro....!

Dear sufferer, Thanks for all these encouraging words !!!!!\